Schedule 21, paragraph 2(4)

But regulations under this paragraph may not provide for a criminal offence— under the law of England and Wales to be— punishable on conviction on indictment with imprisonment for more than two years, or punishable on summary conviction with imprisonment for more than the prescribed term for England and Wales or with a fine that is calculated on a daily basis of more than £100 a day; under the law of Scotland to be— punishable on conviction on indictment with imprisonment for more than two years, or punishable on summary conviction with imprisonment for more than the prescribed term for Scotland or with a fine of more than the applicable maximum for Scotland (if not calculated on a daily basis) or a fine of more than £100 a day; under the law of Northern Ireland to be— punishable on conviction on indictment with imprisonment for more than two years, or punishable on summary conviction with imprisonment for more than three months or with a fine of more than level 5 on the standard scale (if not calculated on a daily basis) or a fine of more than £100 a day.

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Source: legislation.gov.uk · retrieved 2026-07-30